National Human Rights Action Plan Anna Brown

Outcomes Learn more about the National Action Plan process Critique the Baseline Study Identify potential action points for the National Action Plan

Workshop Overview Presentation – Introduction & Background Group Discussion – Critique of Baseline Study Presentation – Nation Action Plans Focus Groups – Action points for the NAP

The Process  Initial Consultation (Dec 2010 to Feb 2011)  Draft Baseline Study (July to August 2011)  Draft National Human Rights Action Plan (?)  Further Consultations by AGD (?)  Suggested release of Plan by Dec 2011

Three Areas for Advocacy The Government Process The Baseline Study The National Action Plan

Background National Human Rights Consultation ( ) Extensive consultation (35,000 + submissions & 66 roundtables) Over 80 per cent of the submissions (almost 28,000) called for the enactment of an Australian Human Rights Act. ‘after 10 months of listening to the people of Australia, [there is] no doubt that the protection and promotion of human rights is a matter of national importance.’

Background Human Rights Framework (April 2010) Human rights education across the community Parliamentary Joint Committee on Human Rights Legislation to ensure new Bills are accompanied by statements of compatibility in relation to human rights Consolidation of federal anti-discrimination laws Annual NGO Human Rights Forum National Action Plan on Human Rights

Background United Nations Australia took the lead on NAPs in 1993 Adopted by other States UN Handbook Two Previous NAPS 1994 & Best Forgotten

What are National Action Plans ? A plan to outline future action for the promotion and protection of human rights in Australia Specific goals and practical actions to be taken to better protect and promote human rights must be based on independent studies on how human rights in Australia are currently protected (baseline study). analyse what measures need to be taken to remedy or improve the situation. set out specific actions to be taken

What are National Action Plans ? Limitations Not legislative or enforceable No international accountability measure Vague & overly ambitious Broad but shallow – management is difficult Difficult to generate State & Territory action

What are National Action Plans ? Benefits new commitments practical – achievable targets & realistic activities Encourage good public administration Comprehensive & structured – less gaps? Less confrontational Resource allocation

What are National Action Plans ? Baseline Study = what is wrong? A comprehensive report on the status of human rights in Australia National Action Plan = how are we going to fix it? A plan to outline future action for the promotion and protection of human rights in Australia

Baseline Study Map out the extent to which rights are being realised in Australia – identify priority issues. 1.Focus on human rights concerns 2.Establish a set of indicators for each area of concern. Indicators provide a starting point from which to measure and monitor human rights over time. However, data for some indicators may be insufficient.

Baseline Study - New Zealand Example New Zealand Baseline Study – substantial, comprehensive and credible assessment of where New Zealand stood at the time. Concluded by listing where NZ did well and where it needed to do better.- “Priority Areas for Action” Frankness – positive Lack of ownership by Government – negative

UPR Process 90% recommendations accepted in full or “in part” Accepted recommendations will “go into” NAP Recommendations “accepted in part” Rejected recommendations

Draft Baseline Study Builds on findings of 2009 human rights consultations to present a picture of the status of human rights in Australia by: 1.outlining relevant statistics and research 2.noting relevant UPR recommendations 3.highlighting government initiatives 4.proposing issues a NAP could address

Focus Group Discussion Baseline Study should identify human rights issues and priorities 1. Does this draft succeed? 2. What does it/ should it consider beyond the UPR recommendations? 3. What are the gaps in sources, evidence, data?

Purpose of National Action Plan Specific goals and practical actions to be taken to better protect and promote human rights must be based on independent studies on how human rights in Australia are currently protected (baseline study). analyse what measures need to be taken to remedy or improve the situation. set out specific actions to be taken.

A Successful National Action Plan Quality of consultation Good Baseline Study Identification of targets and timeframes Be ‘action-oriented’ and not seek merely to justify existing policies implement international human rights obligations Deal with all human rights Effective management structures & political oversight Be a truly national undertaking Adequate resources Effective monitoring, review and evaluation

What are action points? Reflect Government commitment No vague promises Achievable, specific targets with actions Identify person and entity responsible for implementation Include monitoring and review

Example - New Zealand NAP Outcome: Every child and young person in New Zealand has an adequate standard of living Priorities for Action 1. Ensure access to adequate and affordable housing for all children, young people and their families. 2. Ensure that families with dependent children have an adequate income to meet the needs of those children regardless of their source of income.

Example - CEDAW Action Plan Action Point 3: To Contribute to the equal participation of specific groups of women on public and private boards the following initiatives should occur: Data on women’s participation on public & private boards disaggregated & publicly available. Govt must allocate funding to AICD to meet at least 25% of demand for training (as established in the 2010 application process) and establish within this process targets to support training for Aboriginal & Torres Strait Islander women, WWD and CALD women. As part of the broader discussion around a 30% target for female board participation, additional targets must be set within 2 years for these classes of women.

Example - CEDAW Action Plan Action Point 16: Govt must instigate a temporary special measure to enable women with disabilities to take on leadership positions, in the form of a program that is separate to training for board and sector-specific advisory group representation, with targets for participation in mainstream advisory groups by 2014.

Examples - CEDAW Action Plan … implement and adequately fund the National Action Plan to Reduce Violence against Women & Children… …establish and fund an independent body to monitor and evaluate the National Plan’s implementation, which includes involvement from key NGOs. …amend the family law system and legislation to better protect the safety of women and children. …a 20% reduction in the turn away rate of family violence shelters by the 2012 reporting period.

WWD - CEDAW Action Plan Action Point 12: Govt must commission and fund a comprehensive assessment of the situation of women with disabilities in Australia within two years, in order to establish a baseline of disaggregated data against which future progress towards CEDAW rights can be measured. Action Point 15: Govt must enact universal, national legislation which prohibits non-therapeutic sterilisation of any child unless there is a serious threat to health or life, and prohibits non-therapeutic sterilisation of any women in the absence of fully informed and free consent, by the 2014 CEDAW reporting period.

Group Discussion – Action Points Drawing on the issues identified earlier, what specific actions would you recommend? Priority Area for Action Outcome Data Target Action(s) Responsible entity Monitoring & review

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